As per NIOS Examination Bye-Laws, Answer Books are retained for 45 days – It was not informed to the Appellant by FAA / PIO - CIC: Make effort to search their database in a prudent manner to find the relevant records and if available, provide to Appellant
11 Oct, 2023Information sought:
The Appellant sought following information:
‘I request the concerned authority to kindly furnish me all records of evaluation and reevaluation of my senior secondary examination answer books for the following subject:
1. Military Studies (3741(Exam Date 20 April 20 22 The provisions of this Act shall have effect notwithstanding anything inconsistent therewith contained in the Official Secrets Act, 1923 (19 of 1923), and any other law for the time being in force or in any instrument having effect by virtue of any law other than this Act. 1appliod for revaluation status no change
2. Introduction to Law (338) (Exam Date 211 April 20 22 The provisions of this Act shall have effect notwithstanding anything inconsistent therewith contained in the Official Secrets Act, 1923 (19 of 1923), and any other law for the time being in force or in any instrument having effect by virtue of any law other than this Act. ) applied for revaluation status no change
3. English (302)(Exam Date 16 June 20 22 The provisions of this Act shall have effect notwithstanding anything inconsistent therewith contained in the Official Secrets Act, 1923 (19 of 1923), and any other law for the time being in force or in any instrument having effect by virtue of any law other than this Act. 1.
PIO furnished reply, vide letter dated 17.11.20 22 The provisions of this Act shall have effect notwithstanding anything inconsistent therewith contained in the Official Secrets Act, 1923 (19 of 1923), and any other law for the time being in force or in any instrument having effect by virtue of any law other than this Act. , as under: “Your status of result already available on NIOS website. As per examination ByeLaws there is no provision to provide the answer books of re-checking & reevaluation (copy enclosed)”
• Dissatisfied with the response received from PIO, Appellant filed First Appeal, vide letter dated 17.11.20 22 The provisions of this Act shall have effect notwithstanding anything inconsistent therewith contained in the Official Secrets Act, 1923 (19 of 1923), and any other law for the time being in force or in any instrument having effect by virtue of any law other than this Act. .
The FAA vide order dated 13.12.20 22 The provisions of this Act shall have effect notwithstanding anything inconsistent therewith contained in the Official Secrets Act, 1923 (19 of 1923), and any other law for the time being in force or in any instrument having effect by virtue of any law other than this Act. upheld the CPIO reply:
• Written submission has been received from the Appellant vide letter dated 29.08.2023 and the same has been taken on record.
• Written submission has been received from the CPIO vide letter dated 30.08.2023 and the same has been taken on record
Grounds for Second Appeal:
The PIO has not provided correct information to the Appellant.
Relevant Facts emerging during Hearing:
The following were present: -
Appellant: Present
Respondent: Shri V. Satish, Assistant Director, participated in the hearing in person.
The Appellant stated that he has not received the relevant information qua the instant RTI Application from the Respondent.
The Respondent submitted that as per examination Bye-Laws there is no provision to provide the answer books of re-checking & re-evaluation.
The Commission interjected and remarked the Respondent that as per Section 22 The provisions of this Act shall have effect notwithstanding anything inconsistent therewith contained in the Official Secrets Act, 1923 (19 of 1923), and any other law for the time being in force or in any instrument having effect by virtue of any law other than this Act. of the RTI Act, the provisions of the Act has an overriding effect. The Respondent further submitted that as per NIOS Examination Bye-Laws, Answer Books are retained for 45 days from the date of declaration of result and a copy of the records retention schedule has also been sent to the Commission along with the written submission dated 30.08.2023.
Decision:
Upon perusal of the facts on record as well as on the basis of the proceedings during the hearing, the Commission observes that though the Respondent vide written submission dated 30.08.2023 has informed the bench that as per NIOS Examination Bye-Laws, Answer Books are retained for 45 days from the date of declaration of result but the same has not been informed to the Appellant neither by the First Appellate Authority nor by the present CPIO. Hence, the Commission deems it fit to direct the present CPIO to make effort to search their database/records in a prudent manner to find/locate the relevant records in their official records and if available, the same should be given to the Appellant within 30 days from the date of receipt of this order and a compliance report of the same be duly sent to the Commission. In the event Respondent is required to seek further assistance from any other office/officer for compliance with the above directions, the same shall be sought under Section 5(4) of RTI Act.
On the contrary, if the relevant record is still not found in the official records of the Respondent, the Commission deems it fit to direct the Respondent to provide a copy of record retention schedule to the Appellant within 45 days from the date of receipt of this order.
The appeal is disposed of accordingly.
Heeralal Samariya
Information Commissioner
Citation: Neil Bruce v. National Institute of Open Schooling (Ministry of Education), CIC/NIOPS/A/2023/602595; Date of Decision: 14.09.2023